ALJ/JLG/sid Mailed 4/16/2007
Decision 07-04-045 April 12, 2007
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of NextG Networks of California, Inc. ( U 6745 C) to expand its existing Certificate of Public Convenience and Necessity [A.02-09-019, D.03-01-061] to include full Facilities-based Telecommunications Services. |
Application 06-05-031 (Filed May 19, 2006) |
OPINION GRANTING REQUEST FOR EXPANDED
AUTHORITY AND EXPEDITED ENVIRONMENTAL REVIEW
AND ORDERING FURTHER ENFORCEMENT PROCEEDINGS
We grant NextG Networks of California, Inc.'s (NextG) request for full facilities-based local exchange services authority and expedited environmental review, subject to the requirements and conditions stated below. Granting this authority is consistent with prior decisions and follows no issuance in this proceeding of a stop work order. Although we grant NextG's application, we order that a separate investigation be opened to consider whether NextG violated its limited facilities-based Certificate of Public Convenience and Necessity (CPCN) issued in Decision (D.) 03-01-061, when NextG engaged in ground-disturbing activity. The investigation also should consider whether NextG violated Rule 1.1 of the Commission's Rules of Practice and Procedure in failing to disclose to the Commission that it engaged in ground-disturbing activity. Further, NextG should be ordered to show cause why a penalty should not be imposed for any violations.
1. Background
In this application, NextG seeks approval of a process for expedited environmental review of facilities construction, consistent with the authority granted to ClearLinx Network Corporation (ClearLinx), now known as ExteNet Systems, Inc. (ExteNet), in D.06-04-063 and to CA-CLEC LLC in D.06-04-067, and expansion of its CPCN to full facilities-based authority. NextG provides radiofrequency transport services for wireless carriers and constructs transport networks consisting of a central switch-like hub and a system of fiber optic cables, remote nodes, and small antennae attached to poles and other structures. ExteNet and the League of California Cities and the City and County of San Francisco (Cities) protested the application. ExteNet alleges NextG has violated its limited facilities-based authority in constructing its distributed antenna system (DAS) networks and requests a stop work order. ExteNet's request for a stop work order was referred to the Commission's Energy Division by the Administrative Law Judge (ALJ). The Cities object to allowing the expedited review process to include the construction of new utility poles in underground utility districts. NextG replied to the protests, and the ALJ granted leave to ExteNet and NextG to file additional responsive pleadings, which they did on July 28 and August 8, 2006, respectively.
A prehearing conference (PHC) was held on September 13, 2006. On September 29, 2006, an assigned Commissioner's ruling and scoping memo issued. The scoping memo stated this proceeding would address whether the Commission should (1) grant NextG's request for authority as a facilities-based telecommunications carrier and for expedited review of facilities construction, and (2) initiate an enforcement investigation to address NextG's alleged violations of its limited facilities-based authority. The scoping memo confirmed the ratesetting categorization and that hearings were necessary on the issue of alleged violations. Hearings were held on November 6 and 8, 2006 on the enforcement issue. Opening and reply briefs were filed on December 4 and 11, 2006, respectively.
The Energy Division's stop work order investigation was limited to environmental violations. The Energy Division monitored the discovery produced, the hearings, and the filed briefs as part of its stop work order investigation.
